(a) A transportation physical protection system established pursuant to the general performance objectives and
requirements of § 73.20 and performance capability requirements of § 73.25 shall include, but are not necessarily limited to,
the measures specified in paragraphs (b) through (l) of this section. The Commission may require, depending on the
individual transportation conditions or circumstances, alternate or additional measures deemed necessary to meet the
general performance objectives and requirements of § 73.20. The Commission also may authorize protection measures other
than those required by this section if, in its opinion, the overall level of performance meets the general performance
objectives and requirements of § 73.20 and the performance capability requirements of § 73.25.

(b) Planning and scheduling. (1) Shipments shall be scheduled to avoid regular patterns and preplanned to avoid areas of
natural disaster or civil disorders, such as strikes or riots. Such shipments shall be planned in order to avoid storage times in
excess of 24 hours and to assure that deliveries occur at a time when the receiver at the final delivery point is present to
accept the shipment.

(2) Arrangements shall be made with law enforcement authorities along the route of shipments for their response to an
emergency or a call for assistance.

(3) Security arrangements for each shipment shall be approved by the
Nuclear Regulatory Commission prior to the time for the seven-day notice
required by § 73.72. Information to be supplied to the Commission in addition
to the general security plan information is as follows:

(i) Shipper, consignee, carriers, transfer points, modes of shipment,

(ii) Point where escorts will relinquish responsibility or will accept responsibility for the shipment,

(iii) Arrangements made for transfer of shipment security, and

(iv) Security arrangements at point where escorts accept responsibility for an import shipment.

(4) Hand-to-hand receipts shall be completed at origin and destination and at all points enroute where there is a transfer of
custody.

(c) Export/import shipments. (1) A licensee who imports a formula
quantity of strategic special nuclear material shall make arrangements
to assure that the material will be protected in transit as follows:

(i) An individual designated by the licensee or his agent, or as specified by a contract of carriage, shall confirm the
container count and examine locks and/or seals for evidence of tampering, at the first place in the United States at which
the shipment is discharged from the arriving carrier.

(ii) The shipment must be protected at all times within the geographical limits of the United States as provided in this
section and §§ 73.25 and 73.27. The licensee shall retain each record required by these sections for three years after the
close of period for which the licensee possesses the special nuclear material under each license authorizing the licensee to
ship this material, and superseded material for three years after each change.

(2) A licensee who exports a formula quantity of strategic special nuclear material shall comply with the requirements of
this section and §§ 73.25 and 73.27, as applicable, up to the first point where the shipment is taken off the transport outside
the United States. The licensee shall retain each record required by these sections for three years after the close of period
for which the licensee possesses the special nuclear material under each license authorizing the licensee to export this
material, and superseded material for three years after each change.

(d) Security organization. (1) The licensee or his agent shall establish a transportation security organization, including
armed escorts, armed response personnel or guards, and a movement control center manned and equipped to monitor and
control shipments, to communicate with local law enforcement authorities, and to respond to safeguards contingencies.

(2) At least one full time member of the security organization who has the authority to direct the physical protection
activities of the security organization shall be on duty at the movement control center during the course of any shipment.

(3) The licensee or the licensee's agent shall establish, maintain, and
follow a written management system to provide for the development, revision,
implementation, and enforcement of transportation physical protection
procedures. The licensee or the agent shall retain as a record the current
management system for three years after the close of period for which
the licensee possesses the special nuclear material under the license
for which the system was developed and, if any portion of the system is
superseded, retain the superseded material for three years after each
change. The system shall include:

(i) Written security procedures which document the structure of the transportation security organization and which detail
the duties of drivers and escorts and other individuals responsible for security; and

(ii) Provision for written approval of such procedures and any revisions thereto by the individual with overall responsibility
for the security function.

(4) Neither the licensee nor the licensee's agent shall permit an individual to act as an escort or other security organization
member unless the individual has been trained, equipped, and qualified to perform each assigned security job duty in
accordance with appendix B, of this part, "General Criteria for Security Personnel." Upon the request of an authorized
representative of the Commission, the licensee or the agent shall demonstrate the ability of the physical security personnel
to carry out their assigned duties and responsibilities. Armed escorts shall requalify in accordance with appendix B to this
part at least every 12 months. Each requalification must be documented. The licensee or the agent shall retain
documentation of the initial qualification for the term of employment and of each requalification as a record for three years
from the date of the requalification.

(5) Armed escort and armed response force personnel armament shall include handguns, shotguns, and semiautomatic
rifles, as described in appendix B to this part.

(e) Contingency and Response Plans and Procedures. (1) The licensee or the licensee's agent shall establish, maintain, and
follow a written safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related to strategic
special nuclear material in transit subject to the provisions of this section. This safeguards contingency plan must be in
accordance with the criteria in appendix C of this part, "Licensee Safeguards Contingency Plan." The licensee or the agent
shall retain the contingency plan as a record for three years after the close of period for which the licensee possesses the
special nuclear material under each license for which the plan is used and superseded material for three years after each
change.

(2) Upon detection of abnormal presence or activity of persons or vehicles
attempting to penetrate a moving convoy or persons attempting to gain
access to a parked cargo vehicle or upon evidence or indication of penetration
of the cargo vehicle the armed escorts or other armed response personnel
shall:

(i) Determine whether or not a threat exists;

(ii) Assess the extent of the threat, if any;

(iii) Take immediate concurrent measures to neutralize the threat by;

(A) Making the necessary tactical moves to prevent or impede acts of radiological sabotage or theft of strategic special
nuclear material, and

(B) Informing local law enforcement agencies of the threat and requesting assistance.

(3) The licensee or his agent shall instruct every armed escort and all armed response personnel to prevent or impede acts of
radiological sabotage or theft of strategic special material by using sufficient force to counter the force directed at him
including the use of deadly force when armed escorts or armed response personnel have a reasonable belief that it is
necessary in self-defense or in the defense of others.

(f) Transfer and storage of strategic special nuclear material for domestic shipments. (1) Strategic special nuclear material
shall be placed in a protected area at transfer points if transfer is not immediate from one transport to another. Where a
protected area is not available a controlled access area shall be established for the shipment. The transport may serve as a
controlled access area.

(2) All transfers shall be protected by at least seven armed escorts or other armed personnel--one of whom shall serve as
commander. At least five of the armed personnel (including the commander) shall be available to protect the shipment and
at least three of the five shall keep the strategic special nuclear material under continuous surveillance while it is at the
transfer point. The two remaining armed personnel shall take up positions at a remote monitoring location. The remote
location may be a radio-equipped vehicle or a nearby place, apart from the shipment area, so that a single act cannot
remove the capability of the personnel protecting the shipment for calling for assistance. Each of the seven armed escorts or
other armed personnel shall be capable of maintaining communication with each other. The commander shall have the
capability to communicate with the personnel at the remote location and with local law enforcement agencies for
emergency assistance. In addition, the armed escort personnel at the remote location shall have the capability to
communicate with the law enforcement agencies and with the shipment movement control center. The commander shall
call the remote location at least every 30 minutes to report the status of the shipment. If the calls are not received within the
prescribed time, the personnel in the remote location shall request assistance from the law enforcement authorities, notify
the shipment movement control center and initiate the appropriate contingency plans. Armed escorts or other armed
personnel shall observe the opening of the cargo compartment of the incoming transport and ensure that the shipment is
complete by checking locks and seals. A shipment loaded onto or transferred to another transport shall be checked to assure
complete loading or transfer. Continuous visual surveillance of the cargo compartment shall be maintained up to the time
the transport departs from the terminal. The escorts shall observe the transport until it has departed and shall notify the
licensee or his agent of the latest status immediately thereafter.

(g) Access control subsystems and procedures. (1) A numbered picture badge identification procedure shall be used to
identify all individuals who will have custody of a shipment. The identification procedure shall require that the individual
who has possession of the strategic special nuclear material shall have, in advance, identification picture badges of all
individuals who are to assume custody for the shipment. The shipment shall be released only when the individual who has
possession of strategic special nuclear material has assured positive identification of all of the persons assuming custody for
the shipment by comparing the copies of the identification badges that have been received in advance to the identification
badges carried by the individuals who will assume custody of the shipment.

(2) Access to protected areas, controlled access areas, transports, escort vehicles, aircraft, rail cars, and containers where
strategic special nuclear material is located shall be limited to individuals who have been properly identified and have been
authorized access to these areas.

(3) Strategic special nuclear material shall be shipped in containers that are protected by tamper-indicating seals. The
containers also shall be locked if they are not in another locked container or transport. The outermost container or transport
also shall be protected by tamper-indicating seals.

(h) Test and maintenance programs. The licensee or his agent
shall establish, maintain and follow a test and maintenance program for
communications equipment and other physical protection related devices
and equipment used pursuant to this section which shall include the following:

(1) Tests and inspections shall be conducted during the installation, and construction of physical protection related
subsystems and components to assure that they comply with their respective design criteria and performance specifications.

(2) Preoperational tests and inspections shall be conducted for physical protection related subsystems and components to
demonstrate their effectiveness, availability, and reliability with respect to their respective design criteria and performance
specifications.

(3) Operational tests and inspections shall be conducted for physical protection related subsystems and components to
assure their maintenance in an operable and effective condition.

(4) Preventive maintenance programs shall be established for physical protection related subsystems and components to
assure their continued maintenance in an operable and effective condition.

(5) All physical protection related subsystems and components shall be maintained in operable condition. Corrective action
procedures and compensatory measures shall be developed and employed to assure that the effectiveness of the physical
protection system is not reduced by any single failure or other contingencies affecting the operation of the physical
protection related equipment or structures.

(6) The transportation security program must be reviewed at least every 12 months by individuals independent of both
security program management and personnel who have direct responsibility for implementation of the security program.
The review must include an audit of transportation security procedures and practices, an evaluation of the effectiveness of
the transportation physical protection system, an audit of the transportation physical protection system testing and
maintenance program, and an audit of commitments established for response by local law enforcement authorities. The
results and recommendations of the review, management's findings on whether the transportation security program is
currently effective, and any actions taken as a result of recommendations from prior reviews, must be documented in a
report to the responsible organization management and to corporate management at least one level higher than that having
responsibility for the day-to-day plant operation. These reports must be maintained in an auditable form, available for
inspection for a period of 3 years.

(i) Shipment by road. (1) A detailed route plan shall be prepared which shows the routes to be taken, the refueling and rest
stops, and the call-in times to the movement control center. All shipments shall be made on primary highways with
minimum use of secondary roads. All shipments shall be made without intermediate stops except for refueling, rest or
emergency stops.

(2) Cargo compartments of the trucks or trailers shall be locked and protected by tamper-indicating seals.

(3) The shipment shall be protected by one of the following methods;

(i) A specially designed cargo vehicle truck or trailer that reduces the vulnerability to theft. Design features of the truck or
trailer shall permit immobilization of the truck or of the cargo-carrying portion of the vehicle and shall provide a deterrent
to physical penetration of the cargo compartment. Two separate escort vehicles shall accompany the cargo vehicle. There
shall be a total of seven armed escorts with at least two in the cargo vehicle. Escorts may also operate the cargo and escort
vehicles.

(ii) An armored car cargo vehicle. Three separate escort vehicles shall accompany such a cargo vehicle. There shall be a
total of seven armed escorts, with at least two in the cargo vehicle. Escorts may also operate the cargo and escort vehicles.

(4) All escort vehicles shall be bullet-resisting.

(5) Procedures shall be established to assure that no unauthorized persons or materials are on the cargo vehicle before
strategic special nuclear material is loaded, or on the escort vehicles, immediately before the trip begins.

(6) Cargo and escort vehicles shall maintain continuous intraconvoy two-way
communication. In addition at least two of the vehicles shall be equipped with
radio telephones having the capability of communicating with the movement control
center. A redundant means of communication shall also be available. Calls to
the movement control center shall be made at least every half hour to convey
the status and position of the shipment. In the event no call is received in
accordance with these requirements, the licensee or his agent shall immediately
notify the law enforcement authorities and the Director, Division of Security Policy, Office of Nuclear Security and Incident Response and initiate the appropriate
contingency plan.

(7) At refueling, rest, or emergency stops at least seven armed escorts or other armed personnel shall be available to protect
the shipment and at least three armed escorts or other armed personnel shall maintain continuous visual surveillance of the
cargo compartment.

(8) Transfers to and from other modes of transportation shall be in accordance with paragraph (f) of this section.

(j) Shipment by air. (1) All shipments on commercial cargo aircraft shall be accompanied by two armed escorts who shall
be able to converse in a common language with the captain of the aircraft.

(2) Transfers of these shipments shall be minimized and shall be conducted in accordance with paragraph (f) of this section.
Such shipments shall be scheduled so that the strategic special nuclear material is loaded last and unloaded first.

(3) At scheduled stops, at least seven armed escorts or other armed personnel shall be available to protect the shipment and
at least three armed escorts or other armed personnel shall maintain continuous visual surveillance of the cargo
compartment.

(4) Export shipments shall be accompanied by two armed escorts from the last terminal in the United States until the
shipment is unloaded at a foreign terminal and primary responsibility for physical protection is assumed by agents of the
consignee. While on foreign soil, the escorts may surrender their weapons to legally constituted local authorities. After
leaving the last terminal in the United States the shipment shall be scheduled with no intermediate stops.

(5) Import shipments shall be accompanied by two armed escorts at all times within the geographical limits of the United
States. These escorts shall provide physical protection for the shipment until relieved by verified agents of the U.S.
consignee.

(6) Procedures shall be established to assure that no unauthorized persons or material are on the aircraft before strategic
special nuclear material is loaded on board.

(7) Arrangements shall be made at all domestic airports to assure that the seven required armed escorts or other armed
personnel are available and that the required security measures will be taken upon landing.

(8) Arrangements shall be made at the foreign terminal at which the shipment is to be unloaded to assure that security
measures will be taken on arrival.

(k) Shipment by rail. (1) A shipment by rail shall be escorted by seven armed escorts in the shipment car or an escort car
next to the shipment car of the train. At least three escorts shall keep the shipment car under continuous visual surveillance.
Escorts shall detrain at stops when practicable and time permits to maintain the shipment cars under continuous visual
surveillance and to check car or container locks and seals.

(2) Procedures shall be established to assure that no unauthorized persons or materials are on the shipment or escort car
before strategic special nuclear material is loaded on board.

(3) Only containers weighing 5,000 lbs or more shall be shipped on open rail cars.

(4) A voice communication capability between the escorts and the movement control center shall be maintained. A
redundant means of continuous communication also shall be available. Calls to the movement control center shall be made
at least every half hour to convey the status and position of the shipment. In the event no call is received in accordance with
these requirements, the licensee or his agent shall immediately notify the law enforcement authorities and the appropriate
Nuclear Regulatory Commission Regional Office listed in appendix A of this part and initiate their contingency plan.

(5) Transfer to and from other modes of transportation shall be in accordance with paragraph (f) of this section.

(l) Shipment by sea. (1) Shipments shall be made only on container-ships. The strategic special nuclear material
container(s) shall be loaded into exclusive use cargo containers conforming to American National Standards Institute
(ANSI) Standard MH5.1--"Basic Requirements for Cargo Containers" (1971) or International Standards Organization
(ISO) 1496, "General Cargo Containers" (1978). Locks and seals shall be inspected by the escorts whenever access is
possible. The ANSI Standard MH5.1 (1971) and the (ISO) 1496 (1978), have been approved for incorporation by reference
by the Director of the Federal Register. A copy of each of these standards is available for inspection at the NRC Library,
11545 Rockville Pike, Rockville, Maryland 20852-2738.

(2) All shipments shall be accompanied by two armed escorts who shall be able to converse in a common language with the
captain of the ship.

(3) Minimum domestic ports of call shall be scheduled and there shall be no scheduled transfer to other vessels after the
shipment leaves the last port in the United States. Transfer to and from other modes of transportation shall be in accordance
with paragraph (f) of this section.

(4) At all ports of call the escorts shall ensure that the shipment is not removed. At least two armed escorts or other armed
personnel shall maintain continuous visual surveillance of the cargo area where the container is stored up to the time the
ship departs.

(5) Export shipments shall be accompanied by two armed escorts from the last port in the United States until the shipment
is unloaded at a foreign terminal and prime responsibility for physical protection is assumed by agents of the consignee.
While on foreign soil, the escorts may surrender their weapons to legally constituted local authorities.

(6) Import shipments shall be accompanied by two armed escorts at all times within the geographical limits of the United
States. These escorts shall provide physical protection for the shipment until relieved by verified agents of the U.S.
consignee.

(7) Ship-to-shore communications shall be available, and a ship-to-shore contact shall be made every six hours to relay
position information, and the status of the shipment.

(8) Arrangements shall be made at the foreign terminals at which the shipment is to be unloaded to assure that security
measures will be taken upon arrival.